Majority
p. 855The People of the State of New York, Respondent, v Joseph Quigley, Appellant. [668 NYS2d 517]
Judgment unanimously affirmed (see, People v Saunders, 190 AD2d 1092 , 1093, lv denied 81 NY2d 1019 ). (Appeal from Judgment of Supreme Court, Erie County, Howe, J. — Attempted Criminal Sale Controlled Substance, 3rd Degree.)
Present — Denman, P. J., Law-ton, Balio, Boehm and Fallon, JJ.